IQBAL AHMAD Vs. UNION OF INDIA & ANR.

JUDGEMENT

(1.) This petition by a member of the Central Reserve Police Force (for short, CRPF) raises a short grievance. The Departmental Promotion Committee (DPC) in its meeting held on 06.04.2009 for empanelment of Deputy Commandants working in the Force for promotion as Second-in-Command during the vacancy period 2009-2010 graded the petitioner as 'unfit'. Consequently, the petitioner's name was not brought on the panel which was circulated in terms of Wireless Signals dated 15.06.2009 and 30.06.2009. Resultantly, the officers who figured junior to him in the seniority of Deputy Commandants were promoted. The petitioner was later promoted in July 2011 as Second-in-Command. He has filed this writ petition seeking writ of Mandamus to command the respondents to decide his pending representation in light of the law laid down by the Supreme Court, to promote him retrospectively as Second-in-Command with effect from 15.06.2009 and to release all consequential service benefits in his favour.

(2.) The facts are not in dispute. The CRPF convened its DPC on 06.04.2009 to consider the cases of eligible Deputy Commandants for promotion to the rank of Second-in-Command. In all, 106 vacancies during the vacancy year 2009-2010 were available. The zone of consideration for these 106 vacancies, as reflected in the records, was 162 Officers. However, there were only 143 eligible Deputy Commandants available who were accorded consideration. The DPC recommended empanelment of 106 Deputy Commandants. These 106 empanelled Officers were eventually promoted as Second-in-Command and information thereabout was transmitted and circulated vide IGP Personnel, Directorate General, CRPF's Signal Nos. P-VII-6/2009-10-Pers-I, dated 15.06.2009 and No. P-VII-6/2009-Pers, dated 30.06.2009.

(3.) The petitioner was also holding the rank of Deputy Commandant. His name, however, did not figure in the aforesaid Signals dated 15.06.2009 or 30.06.2009. He made representation dated 16.06.2009 to the Directorate General, CRPF, New Delhi, for reconsideration of his case for such promotion or, in the alternative, to apprise him of the reasons for his non-inclusion in the promotion list.